Protection of orphans and children left without parental care from violence and abuse: legal grounds and psychological assistance

The paper deals with the problem of abuse and violence against minors, among which the authors distinguish a special category: orphans and children left without parental care. Approaches to the definition and forms of violence and ill-treatment of minors are described. The psychological causes and consequences of violence and ill-treatment are analyzed. Technologies for providing psychological assistance to child victims of violence and abuse are offered. A significant part of the work is devoted to the consideration of the features of interdepartmental interaction on prevention and timely detection of signs and consequences of abuse and violence against children. The result of such an analysis was the development of a model regulation describing the procedural and legal issues of coordinating such interaction between specialists from different departments in order to protect the interests of minors. The work is addressed to psychologists, teachers, specialists of organizations for children.

PRINCIPLES OF LAW

Principles of law play an important role both on theoretical and practical grounds. They are a kind of azimuth for the legislator, in shaping the law, as well as the interpreter, in the process of applying the law. The relationship between principles of law and rules requires special attention. A concept that is more and more often analysed on theoretical and legal grounds.

Territory of state as indivisible whole and the norms of Constitution

In the study of the substantive legal grounds for the resolution of territorial disputes, the judicial form is characterized by the priority of the grounds of legal title (agreemental title, uti possidetis) based on international treaties, or legal acts of the state possessing sovereignty over the grounds of actual title (effective occupation and governning of the territory, tacit recognition, prescriptional acquisition). Like the initial occupation, the acquisition of territory on the basis of prescription has a long and effective occupation of territory as a prerequisite. The possession of alien or contested territory without a treaty may be legal and enforceable only when there is an inviolable, uninterrupted and undisputed exercise of possession. Where the disputable territory is in fact administrated by a state other than that which holds title, the International Court of Justice gives preference to the title holder.

A NEW TYPE OF BRIBERY

The problem of a passive bribery subject in the field of public procurement is actualized. The article substantiates the relevance of issues related to the establishment of criminal liability in article 200 5 of the Criminal Code of the Russian Federation not for a new type of bribery, but for a special type of bribery, the introduction of which has neither social nor legal grounds. When creating a new criminal law standard, the domestic legislator did not fully take into account its blank status, therefore, the characteristics of passive bribery subjects do not conform to the current legislation. Thus, the assessed criminal law standard cannot be found in Chapter 22 of the Criminal Code of the Russian Federation, but it is also not needed in chapter 30 of the Criminal Code of the Russian Federation.

The Interpretation of Certain Norms of the General Administrative Code of Georgia and Law of Georgia on Police

This article is related to issues of interpretation of certain norms defined under General Administrative Code of Georgia and Law of Georgia on Police. In particular, Article 3 of the General Administrative Code of Georgia regulates the scope of this code. However, pro-vision of the Article 4 does not contain any reference to the administrative offenses committed by the police and other administrative bodies, what in specific cases may lead to ambiguity in regards the scope of this code – as subject required by the General Administrative Code of Georgia and Administrative Offenses Code of Georgia, in both cases is an authorized administrative body (officials). Responding to administrative offenses by police is an important part of the activities carried out by the state authority (police). There- fore, Law of Georgia on Police distinguishes preventive function of the police from function of responding to offense. Also, the Article 5 of the law defines legal grounds for police activities, however this article does not contain specific references to Administrative Offenses Code of Georgia what can be deemed as legislative shortcoming. Taking into consideration the above-mentioned, in order to clarify the law and to achieve objective goal of the legal norm, below listed terms shall be added to 1. General Administrative Code of Georgia Section 4, Article 3, and 2. Law of Georgia on Police, Article 5.

«Criminal leadership» in the projects Criminal Code of Ukraine

Purpose. The purpose of the study is a new draft of the Criminal Code of Ukraine, namely, to establish the legal grounds for criminal prosecution for «Criminal Leadership», the purpose is also to study the concept of «Criminal Leadership» and «Leader». The methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Investigating this issue, the author used the following methods of scientific knowledge: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results: in the process of research it was determined that an important, central figure of criminal groups is the leader, he is the center of the criminal environment, the leader. The leader unites the criminal family in the psychological sense, gives its activities a purposeful and unified character. Criminal activity and the desire for maximum criminal profit requires management and coordination of actions of participants. Carrying out a comparative analysis, we concluded that the draft Criminal Code of Ukraine proposes a new version of the article which provides for liability for "Criminal Leadership", thus separating them from long-known types of complicity, due to the central figure of "leader", which is the coordinating figure of all groups and organizations. Scientific novelty. The study found that the concept of leader - the one who leads, always wins, with a member of the group, all members of which recognize his leadership, rely on him in making serious decisions and solving important problems, also explored the concept of leadership - a kind power, the specificity of which is the direction from top to bottom, as well as the fact that its bearer is not the majority, but one person or group of people. Thus, the concepts of leader and leadership are reflected in criminal law as a phenomenon of crime. Practical significance. The results of the study can be further used in lawmaking to improve the current criminal law, which protects the rights and interests of the country and society from criminal encroachments by the upper caste of «Criminal Leadership», as well as for further research on selected issues.

ISSUES OF COMPETITION OF THE RULES OF THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES AND THE LAW OF UKRAINE “ON EXECUTIVE PROCEEDINGS” IN CASES OF INSOLVENCY OF INDIVIDUALS

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.

Peter the Great and the “modernisation” of serfdom in Russia

The article examines the transformations of Peter the Great in the context of the evolution of serfdom in Russia. The author substantiates the thesis that during the Peter’s transformations, the so-called “second edition of serfdom” took place, replacing its original, forced by objective conditions of survival and development of the country, estate-legal grounds. The substitution of the serfdom’s grounds is seen primarily in the rejection by the state of the conditionality principle of noble rights to the estate by compulsory lifelong service in the army, namely, this followed from the extension to estates of the patrimony’s possessory format. The analysis of the decree on single inheritance and its interpretations in historiography allowed us to conclude that the liberation of noble land ownership from the encumbrance of compulsory service created a legal basis for the subsequent “freedom of the nobility”, the rapid expansion of the privileges of the “noble estate” and, mainly, the ownership rights to land and peasants. The tax reform of Peter led to the fact that landlords began to assimilate the view of peasants as serfs, completely dependent on them, especially in the conditions of the responsibility imposed by the state on the owner of the estate for the payment of poll taxes and the supply of recruits.

Tunisian Revolution: prerequisites, features, legal grounds

The monograph is devoted to the consideration of one of the urgent problems of political theory and practice — the revolution of freedom and dignity in Tunisia, which opened the way for deep democratic transformations in the Islamic country. This revolution has become a convincing example of new, one might say unprecedented before, opportunities for revolutionary renewal of the world within the framework of the current law and without violence, based on revolutionary legality. For the first time in the Islamic world, the possibility of a certain and sufficiently broad cooperation between revolutionary forces and representatives of the former dictatorial power in the country was shown in practice. The main force in the Tunisian Revolution was the masses of the people, who acted independently in the absence of any universally recognized leaders, political parties and movements. Finally, perhaps the highest achievement of the revolution was the adoption of a new constitution that defined the conditions for the subsequent political development of Tunisia. It is addressed to everyone who is interested in the political development of the modern world. It will be useful for postgraduates and undergraduates studying in the fields of "Political Science" and "Sociology", as well as for university and college teachers.

Drafting an International Legally Binding Instrument on Business and Human Rights

This article deals with the process of creating a convention in the field of human rights, the working name of which is the ‘International Legally Binding Instrument on Business and Human Rights’. The author analyses the existing legal grounds for the responsibility of business for human rights violations in international law. She has assessed non-binding instruments, leading her to draw the conclusion that mechanisms strengthening protection are required in human rights protection law. The process of the creation of a new convention itself is subjected to an in-depth review. A special place is given to the issue of the position of a victim of human rights violations committed as a result of the activity of transnational enterprises, the rights of the victims of such violations and the mechanisms of international cooperation in the combatting thereof. In the conclusion the author states that human rights require actions that move beyond existing divisions, and that the work of the intergovernmental group led by Ecuador should be seriously supported by the European Union and the United States.